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Юридический позитивизм и истина в праве
Труды Института государства и права Российской академии наук. 2020. Т. 15. № 4. С. 42–61.
Antonov M., Оглезнев В. В.
The concept "truth" or "objective truth" is often uncritically utilized in Russian legal scholarship to legitimize proposed legislative amendments, to condemn or laud the existing legal institutions or norms, case law and particular court deci- sions, to justify other statements about goals and objectives of law. By intermediary of the link with the category "truth" these statements acquire the seeming under- pinning in facts, in reality which is taken as a reference point for claiming that some statements are true or false. This paper problematizes the role of legal positivism for nuancing the ambiguities in Russian legal doctrine as to the ways of utilization of the concept "truth".
Zhuchkova S., Smirnov N., Социология власти 2025 Vol. 37 No. 4 P. 19–50
This study examines how victims’ alcohol abuse affects sentencing in cases where a woman is killed by her intimate partner in Russia, focusing on gender differences among judges. The research uses a dataset of 1,478 court verdicts (2013–2019), obtained via web scraping from official sources and processed through text mining techniques. Using regression analysis, the ...
Added: December 21, 2025
Samokhina E., Antonov M., Хмелевский А. М. et al., / NRU Higher School of Economics. Series LAW "Law". 2025. No. 13 (1).
According to its Constitution, Russia is a secular state where the church is separated from the state. However, it would be incorrect to rule out any influence of religion onto law only because of these constitutional principles of secularity and separation. Many of our moral concepts and ethical convictions are imbued with religious meanings, many ...
Added: November 13, 2025
Koval S., Социологическое обозрение 2025 Т. 24 № 3 С. 309–327
The article reflects on the idea of the «The Rule of Law» (in the continental tradition «Der Rechtsstaat»; in Russia «pravovoe gosudarstvo») within contemporary debates on the meaning of this concept. The discussion is approached through the work of Jeremy Waldron, a New Zealand–American philosopher and legal theorist, in his recent paper «Thoughtfulness and the ...
Added: October 1, 2025
Bashkov V., Философия. Журнал Высшей школы экономики 2025 Т. 9 № 2 С. 262–291
The article is devoted to the polemic between Hans Kelsen and Carl Schmitt in the aspect of political theology. It is based on Kelsen's 1922 text “God and the State”, which reproduces the basic logic of Carl Schmitt's political-theological argument, but with directly opposite conclusions. Based on this work, an attempt was made to expand ...
Added: July 7, 2025
Ляшенко И. С., Арбитражный и гражданский процесс 2024 № 9 С. 30–34
The article is devoted to the study of the disclosure of evidence in relation to the concepts of objective and formal truth. The author analysed scientific approaches and judicial practice on this issue, concluding that there is a need for a balanced application of these principles when regulating the procedure for disclosing evidence. ...
Added: September 1, 2024
Kropanev V. G., Теория права и межгосударственных отношений 2021 Т. 2 № 7(19) С. 209–216
The purpose of this research paper is to analyze John Austin's paradigm on the definition of sovereign. The subject of research, the definition of the sovereign, is one of the most important topics of science Theory of State and Law, therefore, everything stated in the article contributes to the development of understanding of statehood and ...
Added: December 27, 2023
Bystrov A., Vinogradov S., Вестник Университета имени О.Е. Кутафина 2023 № 4 С. 79–90
This article is devoted to an analysis of the early arguments within the Anglo-American philosophical and legal discussion, known in the academic literature as the “Hart-Dworkin” debate. The key theses attributed by R. Dworkin to the legal positivism of H. Hart and his proponents are examined: the pedigree thesis, the discretion thesis, the obligation thesis ...
Added: July 3, 2023
Ekaterina Petrovna Marmilova, , in: Recognition of Foreign Judicial Decisions in Comparative Perspective.: Prague: Leges, 2023. Ch. 8 P. 141–152.
The main problem of the execution of decisions of foreign courts is that the court
decision initially differs in the strictly territorial nature of its action, that is, it has
legal force only within the State where it was issued.320
The development of foreign economic relations, as well as the active movement
of citizens between States, give rise to ...
Added: May 23, 2023
Prague: Leges, 2023.
Recognition of judicial decisions permits decisions to move “freely” from one
State to another. Since it fights against the “foreignity argument”, it avoids a
judicial decision to be rejected in another State simply because of its foreign
origin. Recognition of judicial decisions in the European Union has a special
form – mutual recognition of judicial decisions. It is a ...
Added: May 23, 2023
Бороздина Е. А., Ельницкий Е. С., Журнал исследований социальной политики 2022
The standardization of medical work and the transition to patient-centred care are the main trends that characterize modern healthcare systems. Some studies suggest that patient-centred care is a component of evidence-based medicine, while others argue that these principles contradict each other. We studied the framework of the relationship between patient-centeredness and medical standardization set by ...
Added: September 1, 2022
Consequences of Schengen Visa Liberalisation for the Citizens of Ukraine and the Republic of Moldova
Korneev O., Weinar A., Makaryan S. et al., / Series Migration Policy Centre Research Report "RSC Research Reports". 2012. No. 1.
This report asks one overarching question: “What impact would liberalisation of the visa regime
produce on actual migratory movements between Ukraine and Moldova, and the EU?”. Therefore, we
are not interested in assessing the mobility of tourists, but rather of migrants who work in the EU. This
gives our study a specific perspective that looks at the Schengen ...
Added: August 15, 2022
Korneev O., Hernandez i Sagrera R., / Series EUI RSCAS "RSC Working Papers". 2012. No. 22.
The European Union (EU) external cooperation in the migration field has been mostly developed in Eastern Europe. Indeed, the EU migration cooperation with Russia and Eastern Partnership countries has so far had outcomes in the issue areas of readmission, visas, border management and even labour migration. Policy Tools such as readmission agreements, visa facilitation agreements, ...
Added: August 15, 2022
Tereshin M., / НЭИКОН. Серия "Preprints.ru". 2022.
В статье рассмотрены эволюция развития законодательных подходов и нормативных актов, касающихся обращения и использования электронных подписей в России в сравнении с некоторыми зарубежными правопорядками. Определено в соответствии с законодательством понятие электронной подписи, проведено сравнение понятий по действующему и прежнему законам. Обозначены функции электронной подписи, подчёркивающие её ценность и необходимость в использовании. Рассмотрены виды электронных подписей, ...
Added: June 8, 2022
Gavrilova O., Kotova D., / Series WP 22 "BRICS Competition Law and Policy Series". 2021.
This paper critically reviews the draft proposal that would introduce patent linkage to Russia’s drug approval system. The paper looks at the emergence and spread of patent linkage in the USA and further in several jurisdictions. This research concludes that patent linkage and the interests it protects are far from the goals that the state ...
Added: February 3, 2022
Antonov Mikhail, Ideology and Politics Journal 2021 Т. 18 № 2 С. 120–151
This paper considers the ideological premises upon which is based the criticism of legal positivism. The author examines how radical political changes in legal system can prompt law-enforcement agencies to start adjusting their interpretation of law so that it fits the new ideology. Sometimes such changes can result in substitution of the literal sense of ...
Added: January 4, 2022
Zaostrovtsev A. P., В кн.: Дорога к Хайеку: монография.: М.: КноРус, 2021. Гл. 16 С. 188–200.
Added: November 1, 2021
Gadzhiev G., Войниканис Е. А., Вопросы философии 2021 № 9 С. 13–24
The article discusses the specific mode of existence of values – balancing or optimization when it comes to deontological values. The authors using examples of values such as the principles of law and human rights, the rules of balancing are analyzed, which, according to G. Hart's classification, are secondary norms. The critical issue for the ...
Added: September 21, 2021
НОРМА, 2021.
The monograph analyses specific features of research activities of international organizations in emergency situations, including an unfavourable epidemiological situation. The team of authors endeavours to identify and synthesise new vectors of major international organizations’ analytical work in the context of the COVID-19 pandemic as a new challenge for integration and international law.
The research team focuses ...
Added: September 17, 2021
Ульянов А. Ю., Государственная власть и местное самоуправление 2021 № 6 С. 25–29
The article is devoted to research of problems of evaluation of efficiency of activity of agencies of local self-government in the Russian Federation. The author determines the indicators and offers new evaluation criteria of efficiency and also reveals the drawbacks of legal regulation in this sphere. ...
Added: September 16, 2021
Ульянов А. Ю., Российская юстиция 2018 № 3 С. 5–7
The article is devoted to definition of the constitutional destination of prosecution and correlating its features with the forms of implementation of legal policy of the state. ...
Added: September 16, 2021
Lidzhanova A., М.: Стартап, 2015.
Cross-Border Insolvency: Prospects for Legal Regulation in Russia ...
Added: September 15, 2021
Lidzhanova A., Ломоносов, 2016.
An overview of EU Regulation on Insolvency Proceedings 2015 ...
Added: September 15, 2021
Lidzhanova A., Приложение к журналу Предпринимательское право 2016 № 4
Transnational Insolvency 2016: An Updated Guide to Cross-Border Bankruptcy Proceedings ...
Added: September 15, 2021
Lidzhanova A., Международные банковские операции 2018 № 3 С. 49–55
Asset Tracing & Recovery in the Foreign Jurisdictions’ ...
Added: September 15, 2021